Notice of Deposition and Opportunity to Cross-Examine

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06.22.15

By Theresa Wang

During the testimony period in an opposition or cancellation proceeding, the party taking a deposition to admit evidence shall serve a notice in writing to the opposing party including the following information: (1) time and location of the deposition; (2) case name; (3) and the name and address of the witness.  TBMP 703.01(d)-(e).  The parties may stipulate to allow the witness or parties to take or attend depositions by telephone or other remote means.  TBMP 703.01(h).  Each party has the opportunity to cross-examine witnesses and make objections.  Id.  At the conclusion of the deposition, the officer who took the deposition must certify that she administered the oath to the witness, the absence or presence of the adverse party, and the witness must sign the transcript.  TBMP 703.01(j)-(k).  The testimony must then be filed with the TTAB and served on the opposing party.  TBMP 703.01(l)-(m).

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